CJI To Open Meet On Overburdened Courts Alternative

By Staff
|
Google Oneindia News

New Delhi, Feb 8 (UNI) With courts overburdened, India's Chief Justice K G Balakrishanan will open an International Conference in New Delhi this week to discuss an alternative system for resolving disputes.

The conference on Saturday is sponsored by the government- funded International Centre for Alternative Dispute Resolution headed by Hans Raj Bhardwaj, India's Law and Justice Minister.

Foreign participants include Baroness Brenda Hale, Britain's first woman Lord of Appeal in Ordinary.

Upon her elevation three years ago, she was described by a British daily as ''a self-confessed feminist'' who has declared she wants ''to see changes in the way society is organised, rather than wanting women to conform to male-determined roles.'' The conference will also be attended by Planning Commission Deputy Chairman Montek Singh Ahluwalia, Minister of State for Law and Justice K Venkatapathy and jurists, senior advocates and other professionals.

India has some 30 million cases pending across the country.

Authorities have been trying such measures as fast track courts, lok adalats and alternative dispute resolution.

ADR-- which includes, conciliation, arbitration and mediation-- has yet to gain wider acceptance.

Critics cite uncertainties arising out of delays or lapses in terms of impartiality or independence among reasons why the system is yet to pick up.

At a recent conference in New Delhi, experts, including Pierre Tercier, a Swiss professor chairing the International Court of Arbitration of International Chamber of Commerce, were asked if such factors amounted to misconduct and how it is to be deterred.

They listed procedures and ways to select arbitrators and so on-- but little by way of deterrence.

Indian experts say institutional arbitration is better than ad hoc options insofar as accountability is concerned.

Asked how they deal with an errant arbitrator, an official associated with an arbitation institution said such an individual is not given another assignment-- but there is no public admonition.

UNI

For Daily Alerts
Get Instant News Updates
Enable
x
Notification Settings X
Time Settings
Done
Clear Notification X
Do you want to clear all the notifications from your inbox?
Settings X
X